Pollution Prevention, Response and Compensation - Prevention of Pollution of the Marine Environment from Vessels - page 56

This strict liability is subject to some defences, including damage resulting from:
an act of war; natural phenomena; intentional acts of third parties; governmental
negligence in providing navigational aids; and intentional or negligent acts or
omissions on the part of the victim. 112
The shipowner

s liability in respect of any one incident is limited to an aggregate
amount of 2,000 francs (133 SDRs) per ton of the vessel

'

s tonnage and to a ceiling
of 210 million francs (14 Million SDRs). This limitation is only disallowed if the
incident is due to the ship owner

'

. 113
The International Convention on the Establishment of an International Fund for
Compensation for Oil Pollution Damage 1971 (FUND) 114 was adopted to supple-
ment the CLC 69 regime. It established a fund, financed by payments from
companies receiving oil transported by sea into territories of the member States,
which is administered by the International Oil Pollution Compensation Fund
(IOPCF). The IOPCF is constituted by the State parties to the FUND Convention.
The maximum limit of IOPCF liability is 450 million francs per incident, which is
inclusive of any amount paid under the CLC 69. 115
Two protocols to the CLC and FUND Conventions, adopted by IMO in 1984,
never came into force. When the USA unilaterally decided to proceed with its OPA,
further amendments to the regime was necessitated in 1992. 116 These were the 1992
Civil Liability Convention (CLC 92) 117 and the 1992 FUND Convention (FUND
92). 118
The CLC 92 introduced several important changes lacking in CLC 69. It
widened the territorial scope of the regime to the exclusive economic zone. 119
Unlike the CLC 69, this Convention also applies to unloaded tankers and combi-
nation carriers capable of carrying oil and other cargo. 120 It also increased the CLC

s actual fault and privity

' ' '

112 CLC 69, art. III (2).
113 CLC 69, art. V.
114 The International Convention on the Establishment of an International Fund for Compensation
for Oil Pollution Damage , opened for signature 18 December 1971, 1110 UNTS 57 (entered into
force 16 October 1978), as amended by the 1976 Protocol to the 1971 Fund Convention , 16 ILM
621 (entered in force 22 November 1994) (ceased to operation 24 May 2002) (hereinafter FUND
71).
115 FUND 71, art. 4(4) (a).
116

Tan ( 2006 ), p. 327.

117

The International Convention on Civil Liability for Oil Pollution Damage , opened for signature
27 November 1992, 1953 UNTS 255 (entered into force 30 May 1996) (hereinafter CLC 92).
118 International Convention on Fund for Compensation for Oil Pollution Damage , opened for
signature 27 November 1992, 87 UKTS Cm 3433 (entered into force 30 May 1996) (hereinafter
FUND 92).
119 CLC 92, art. II (a)(ii).
120 Provided that the Convention will be applicable on a ship capable of carrying oil and other
cargoes “only when it is actually carrying oil in bulk as cargo and during any voyage following
such carriage unless it is proved that it has no residues of such carriage of oil in bulk aboard”. See
CLC 92, art. I (1).